Remanded

Smt. Rajan Bai v. State Of Chhattisgarh

Chhattisgarh HC7 Sept 2021WPS/3961/2017

Case brief

AI extract

What is this about?

Petitioner challenged a rejection order from respondents for claiming equal pay rather than regularization. High Court set aside the rejection, rematted the matter to authorities for fresh decision considering Supreme Court guidelines, and disposed of the writ petition with a 90-day timeline.

What did the court decide?

Impugned order set aside and matter remitted to respondents to take fresh decision on equal pay claim within 90 days.

Smt. Rajan Bai Vs State Of Chhattisgarh — Pension and Retirement Benefits | Chhattisgarh HC (2021)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 3961 of 2017

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Smt. Rajan Bai W/o Late Sonraj Aged About 51 Years R/o Village And Post Bijatari, Thana- Setganga, Teshisl And Distric Mungeli, Chhattisgarh. , Chhattisgarh

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---- Petitioner

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Versus

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1. State Of Chhattisgarh Through Secretary, Public Works, Department, Mantralaya, Mahanadi Bhawan, Raipur, Chhattisgarh., Chhattisgarh

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2. Superintendent Engineer, Public Works Department,bilaspur, Division Bilaspur, Chhattisgarh. , District : Bilaspur, Chhattisgarh

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3. Executive Engineer, Public Works Department,bilaspur, Division Bilaspur, Chhattisgarh. , District : Bilaspur, Chhattisgarh

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---- Respondents

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For Petitioner For State

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: Mr. S. P. Kale, Advocate : Mr. Jitendra Pali, Dy. Advocate General

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Hon'ble Shri Justice P. Sam Koshy

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Order On Board

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07.09.2021

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1. The present is a second round of litigation. The earlier round of litigation was WPS 4603/2016 which was disposed of by this Court on 24.01.2017.

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2. The relief sought in the first round of litigation was for grant of regular pay scale to the petitioner at par with the regular employees of the State Govt. from the date of the petitioner being appointed on compassionate basis. According to the counsel for the petitioner, petitioner had filed the writ petition claiming for equal pay for equal work based upon the judgment of the Supreme Court in the case of State of Punjab & another Vs. Jagjit Singh and others reported in 2017 (1) SCC 148.

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3. Though this Court had disposed of the petition in respect of the claim for equal pay for equal work, the authorities concerned seem to have decided the claim of the petitioner considering the same to be a claim for regularization and have rejected the claim of the petitioner vide Annexure P-1 whereas the petitioner has never claimed for regularization. The order passed by the authorities concerned vide Annexure P-1 seems to be in an entirely different context unrelated to the claim raised by the petitioner.

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4. Given the said facts, this Court is of the opinion that the impugned order Annexure P-1 would not be sustainable and the same deserves to be and is accordingly set aside. The matter stands remitted back to the respondents i.e. the office of the respondents 2 & 3 to take a fresh decision on the claim of the petitioner. It is ordered that the respondents while deciding the claim of the petitioner shall also take into consideration the observations of the Supreme Court in the case of Jagjit Singh (supra). Let an appropriate decision be taken at the earliest preferably within a period of 90 days from the date of receipt of copy of this order.

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5. Counsel for the petitioner submits that similar benefits have been extended to similarly placed persons in the department. The authority concerned may also keep that in mind while deciding the claim of the petitioner.

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6. The writ petition accordingly stands disposed of.

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Sd/P. Sam Koshy Judge

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J-

Smt. Rajan Bai v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Rajan Bai v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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